STANCIL v. SUPERMARKETS GENERAL


16 A.D.3d 402 (2005)

790 N.Y.S.2d 552

VICTORIA STANCIL, Appellant, v. SUPERMARKETS GENERAL, Doing Business as PATHMARK, RESPONDENT.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 7, 2005.


Ordered that the order is affirmed, with costs.

The plaintiff slipped and fell on a clear liquid which had collected on the floor of the defendant's supermarket in the vicinity of the checkout area. She subsequently commenced this action and the defendant moved for summary judgment dismissing the complaint.

The deposition testimony of the defendant's store manager that the defendant submitted in support of its motion established prima facie that it neither...

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